Patna: The Bihar government is considering withdrawing clauses in the stringent dry law that could be misused, sources said on Monday, even as chief minister Nitish Kumar reiterated that there would be no rollback on prohibition.

According to the sources, some of the clauses on which there is a government rethink include discovery of bottles or such things related to liquor, or storing jaggery, grapes or raisins at home. The law does not specify what quantity of these items at home will attract action, and critics have said these give discretionary and arbitrary powers to the enforcement agencies.

Similarly, provisions such as punishing the landlord, factory manager or owner or office in-charge if anybody flouts prohibition on their premises, as well as curbs on use of alcohol for medicinal and industrial purposes are also weak on logic, say critics of Bihar's stringent law.

"Senior advocate Gopal Subramanium is the Bihar government's counsel in the apex court and senior government officials and ministers consulted him about making moves to dilute a few provisions related to prohibition, which are considered very harsh or draconian," said a top government source who cannot be named for obvious reasons. "However, Subramanium advised the state government not to do anything at this juncture when the cases and issues are pending hearing in the Supreme Court. He also suggested that let the apex court decide whatever it has to decide with regard to prohibition in Bihar. All eyes are now on it, though dates for hearing the cases are yet to be fixed."

Nitish on Monday left the door open for tweaks in the dry law but asserted there would be no rollback.

"We are firm on prohibition," he said. "It can be successful only if it is total. But I have always told everybody that valid suggestions to improve the law related to it would be welcome. The government would consider them."

Most lawyers say that because prohibition is a part of the Constitution's directive principles, the Supreme Court is unlikely to declare Bihar's dry law null and void, but could remove provisions that do not stand firm on the touchstone of jurisprudence.

The state's prisons are brimming over as around 1.2 lakh people have been jailed in Bihar for flouting the liquor ban since Nitish clamped total prohibition in April 2016.

The state government has drawn severe flak for this. RJD leader Shivanand Tiwari on Monday pointed out that so many people were not arrested in Bihar even during the Emergency. HAMS chief Jitan Ram Manjhi has asserted that a majority of those in jails are Dalits from extremely backward castes and poor people.